Florida Senate - 2025 SB 1106 By Senator Rodriguez 40-01981-25 20251106__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to public records; amending s. 2 119.0713, F.S.; defining terms; providing an exemption 3 from public records requirements for body camera 4 recordings recorded by a code inspector under certain 5 circumstances; providing exceptions; requiring a local 6 government to retain body camera recordings for a 7 specified period; providing for retroactive 8 application; providing for future legislative review 9 and repeal of the exemption; providing a statement of 10 public necessity; providing a contingent effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15

Section 1. Subsection (6) is added to

section 119.0713, 16 Florida Statutes, to read: 17 119.0713 Local government agency exemptions from inspection 18 or copying of public records.— 19 (6)(

a) As used in this subsection, the term: 20 1. “Body camera” means a portable electronic recording 21 device that is worn on a code inspector’s body and that records 22 audio and video data in the course of the performance of his or 23 her official duties and responsibilities. 24 2. “Code inspector” has the same meaning as in s. 25 162.04(2). 26 3. “Personal representative” means a parent, a court-27 appointed guardian, an attorney, or an agent of, or a person 28 holding a power of attorney for, a person recorded by a body 29

Florida Senate - 2025 SB 1106 40-01981-25 20251106__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. camera. If a person depicted in the recording is deceased, the 30 term also means the personal representative of the estate of the 31 deceased person; the deceased person’s surviving spouse, parent, 32 or adult child; the deceased person’s attorney or agent; or the 33 parent or guardian of a surviving minor child of the deceased. 34 An agent must possess written authorization of the recorded 35 person to act on his or her behalf. 36 (

b) A body camera recording, or a portion thereof, is 37 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 38 of the State Constitution if the recording: 39 1. Is taken within the interior of a private residence; 40 2. Is taken within the interior of a facility that offers 41 health care, mental health care, or social services; or 42 3. Is taken in a place that a reasonable person would 43 expect to be private. 44 (

c) Notwithstanding paragraph (b), a body camera recording, 45 or a portion thereof, may be disclosed by a local government: 46 1. In furtherance of its official duties and 47 responsibilities; or 48 2. To another governmental agency in the furtherance of its 49 official duties and responsibilities. 50 (

d) Notwithstanding paragraph (b), a body camera recording, 51 or a portion thereof, must be disclosed by a local government: 52 1. To a person recorded by a body camera; however, a local 53 government may disclose only those portions that are relevant to 54 the person’s presence in the recording; 55 2. To the personal representative of a person recorded by a 56 body camera; however, a local government may disclose only those 57 portions that are relevant to the represented person’s presence 58

Florida Senate - 2025 SB 1106 40-01981-25 20251106__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. in the recording; 59 3. To a person not depicted in a body camera recording if 60 the recording depicts a place in which the person lawfully 61 resided, dwelled, or lodged at the time of the recording; 62 however, a local government may disclose only those portions 63 that record the interior of such a place; or 64 4. Pursuant to a court order. 65 a. In addition to any other grounds the court may consider 66 in determining whether to order that a body camera recording be 67 disclosed, the court shall consider whether: 68 (

I) Disclosure is necessary to advance a compelling 69 interest; 70 (II) The recording contains information that is otherwise 71 exempt or confidential and exempt under the law; 72 (III) The person requesting disclosure is seeking to obtain 73 evidence to determine legal issues in a case in which the person 74 is a party; 75 (IV) Disclosure would reveal information regarding a person 76 which is of a highly sensitive personal nature; 77 (

V) Disclosure may harm the reputation or jeopardize the 78 safety of a person depicted in the recording; 79 (VI) Confidentiality is necessary to prevent a serious and 80 imminent threat to the fair, impartial, and orderly 81 administration of justice; 82 (VII) The recording could be redacted to protect privacy 83 interests; and 84 (VIII) There is good cause to disclose all or portions of a 85 recording. 86 b. In any proceeding regarding the disclosure of a body 87

Florida Senate - 2025 SB 1106 40-01981-25 20251106__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. camera recording, the local government that made the recording 88 must be given reasonable notice of hearings and an opportunity 89 to participate. 90 (

e) A local government shall retain a body camera recording 91 for at least 90 days. 92 (

f) The exemption provided in paragraph (

b) applies 93 retroactively. 94 (

g) This subsection does not supersede any other public 95 records exemption that existed before or is created after the 96 effective date of this exemption. Those portions of a recording 97 which are protected from disclosure by another public records 98 exemption continue to be exempt or confidential and exempt. 99 (

h) This subsection is subject to the Open Government 100 Sunset Review Act in accordance with s. 119.15 and shall stand 101 repealed on October 2, 2030, unless reviewed and saved from 102 repeal through reenactment by the Legislature. 103

Section 2.

(1) The Legislature finds that it is a public 104 necessity that the following types of body camera recordings 105 recorded by a code inspector in the course of performing his or 106 her official duties and responsibilities be made confidential 107 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 108

Article I of the State Constitution: recordings taken within the 109 interior of a private residence; recordings taken within the 110 interior of a facility that offers health care, mental health 111 care, or social services; and recordings taken in a place that a 112 reasonable person would expect to be private. 113

(2) The Legislature recognizes that body cameras preserve 114 information that has the potential to assist both code 115 inspectors’ and the public’s ability to review the accuracy of 116

Florida Senate - 2025 SB 1106 40-01981-25 20251106__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. code inspection work. 117

(3) However, the Legislature also finds that, in certain 118 instances, audio and video recorded by body cameras is 119 significantly likely to capture highly sensitive personal 120 information. The exemption of body camera recordings from public 121 records requirements allows code inspectors to more effectively 122 and efficiently administer their duties, which would otherwise 123 be significantly impaired.

The Legislature finds that the 124 concerns regarding the impact of public records requirements for 125 body camera recordings necessitate the exemption of the 126 recordings from public records requirements and outweigh any 127 public benefit that may be derived from their disclosure. 128

Section 3. This act shall take effect on the same date that 129 SB 1104 or similar legislation takes effect, if such legislation 130 is adopted in the same legislative session or an extension 131 thereof and becomes a law. 132